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Business and Human Rights: The Obligations of the European Home States

Business and Human Rights: The Obligations of the European Home States

Author: Dalia Palombo
Publisher: Hart Publishing
ISBN: 9781509928033

Published In: February 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509954674

List Price: HKD 1,300.00

HKD 1,261.00 Save HKD 39.00 (3%)

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Description
Contents

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This book aims to provide an analysis of the accountability of European home states for their failure to secure protection for the victims of human rights caused by the activities of their business enterprise nationals in their operation in other states.

It argues for the reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated.

Addressing this lacuna, this study proposes an innovative business and human rights litigation strategy. It illustrates why such a strategy is needed, pointing to the lack of effective legal address against European multinationals.

1. The Case for Legal Reform

I. From States to Non-State Actors

II. The Legal Framework for Multinational Enterprises

III. The Avenues for Legal Change

IV. The Perspective of Victims

2. The Obligations of Multinational Companies

I. Remedies in the Host State

II. Remedies in the Home State

3. The International Legal Obligations of States

I. The Nature of State Obligations

II. The Positive Obligation to Secure that Enterprises Respect Human Rights in the European Convention on Human Rights

III. The Application to the Case Studies